Copyright

On the ‘Apocalyptic’ Arbitrability of Copyright Disputes: IPRS v. Entertainment Network


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The Bombay High Court, on the 31st of August, held in Indian Performing Right Society Limited (IPRS) v. Entertainment Network, that the dispute at hand was not arbitrable as it related to an action in rem (read the order here). This order by Justice R.D. Dhanuka is in stark contrast to Justice Patel’s well-reasoned Eros v. Telemax (‘Telemax’) judgement pronounced in April this year (read Prof. Basheer’s post and the order here, and here) where it was held that legal claims…


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Others

SpicyIP Jobs: Research Fellows for Centre for Innovation, IP & Competition at NLU, Delhi


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National Law University, Delhi (University) is seeking to engage, on a contractual basis, three (03) full time Research Fellows (two positions in the area of law and one in the area of economics/ statistics/ econometrics) for the Centre for Innovation, IP and Competition (CIIPC), at its campus in Dwarka, New Delhi. The deadline for sending the applications is 30th September, 2016. About the Centre CIIPC was established in the year 2015 with the objective of contributing to academic and policy oriented dialogues in…


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Patent

DIPP Drags the Dasatinib Compulsory License Drama: A situation of “extreme urgency”?


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As our readers may recall, in January 2013, the Ministry of Health and Family Welfare (MoH) had recommended that DIPP declare that a compulsory license (CL) should be granted, under section 92 of the Patents Act, 1970, for three exorbitantly priced anti-cancer drugs – Bristol-Myers Squibb’s Dasatinib (or Sprycel) and Ixabepilone (or Ixempra) and Roche’s Trastuzumab (or Herceptin). Two of these three cases were dropped as Roche allowed its patent on Herceptin to lapse (presumably to avoid the license) and…


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Events

SpicyIP Events: Programme on “Access to Seeds: Building Capacities, Discussing Policies”


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We are glad to announce that the Institute for Studies in Industrial Development (ISID) and the Indian Society for Agro Ecology (ISAE) & Third World Network (TWN) will be organising a five-day capacity building programme on Access to Seeds: Building Capacities, Discussing Policies from October 24-28, 2016 at ISID Campus in New Delhi. The deadline for sending the applications is October 3, 2016.   Programme Description The programme will update the participants on the laws and policies in the seed sector. It…


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Copyright

Cropping Copyright: Education is not an Exception!


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Since the passing of the landmark DU copyright verdict, much ink has been spilt…on myriad opinions and news reports. As with any other pathbreaking order, the decision met with both bouquets and brickbats. In fact, we had two sets of views on this blog alone. While both Gopika and me hailed the decision, Prashant Reddy railed against it. For other wonderful opinion pieces on this issue, see Lawrence liangs’ take here (Hindu) and here (Kafila). And Alok Kumar in this Scroll piece….


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Events

SpicyIP Events: International IP Skills Summit 2016 in Bangalore


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We are happy to announce the International Intellectual Property Skills Summit 2016 (IIPSS), to be held on November 11 & 12, 2016 in Bangalore, the Silicon Valley of India, and home to around 500+ Global R&D centers. IIPSS will be a unique opportunity of its kind to exchange ideas, learn best practices, debate on recent intellectual property issues and their impact on the industry, build industry awareness and network with various stakeholders. IIPSS is an annual gathering of Chief IP…


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Copyright

Breaking News: Setback with a Silver Lining- The Supreme Court in IPRS v Aditya Pandey & Ors.


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In 2012, the Division bench of the Delhi High Court, in the matter of IPRS v Aditya Pandey & Ors. dismissed IPRS’s appeal against the order of a Single Judge who had held that radio stations etc., who were broadcasting/communicating ‘sound recordings’ were required to pay royalty only to the owner of the sound recording and not to the owner of the lyrics or the musical works which had been incorporated into the sound recordings. We have previously covered this…


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Copyright

Hyperlinking Can Amount to Copyright Infringement, Rules CJEU


In a development that could have several far-reaching ramifications for the free flow of information in cyberspace in Europe and beyond, the Court of Justice for the European Union (“CJEU”) ruled earlier this month that linking to infringing material could amount to copyright infringement in some cases. While the concept of contributory copyright infringement, in accordance with which a platform facilitating the infringement of copyrighted material or the dissemination of infringing material can be held liable, is a central feature…


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Drug Regulation Patent

Domino Effect: Teva withdraws patent application in India after USPTO invalidates Teva’s patent in blockbuster drug COPAXONE


In a groundbreaking development, Israeli behemoth Teva Pharmaceutical Industries Ltd. (Teva) has suffered a third consecutive blow after the US Patent Office (USPTO) invalidated its third patent [U.S. Patent No. 8,969,302] for COPAXONE (Glatiramer Acetate) on September 1, 2016. According to The Financial Express, the USPTO upheld a Mylan’s challenge in an Inter-partes Review (IPR) and found that all claims in the said COPAXONE patent were un-patentable. The 40mg version of COPAXONE is a $4 billion blockbuster injectable drug used…


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Innovation Patent

“Made in India” Innovation Policy


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We are happy to bring to our readers a guest post by two esteemed US law professors,  Prof. Colleen V. Chien and Prof. Jorge L. Contreras. In this post they emphasize upon the need for data-driven IP policy making in India. We had blogged on this theme earlier here. “Made in India” Innovation Policy Prof. Colleen V. Chien and Prof. Jorge L. Contreras A few weeks ago we were honored to participate in Jindal Global Law School’s Conference on “Innovation for Shared Prosperity”….


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